Tuesday, December 14, 2021

The Stupid, It Burns. Literally.

Let's just start with the 5th and 6th Amendments, part of the sanctified "Bill of Rights":

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
And since this is a state crime, let's add the 14th Amendment:

Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The fifth and fourteenth amendments assure the man accused of this crime due process of law before his liberty is deprived of him.  The sixth amendment assures him a speedy trial.  If the state cannot provide the latter (and usually can't because of a crowded docket; i.e., too many court cases for all the judges to handle), then the accused is allowed release on bail if proper conditions are met.

Due process also entails the concept of "innocent until proven guilty."  Just because this man has a criminal record and a history of mental illness and a record of disruptive behavior, does not mean he is guilty of this crime and should already be serving time for it.

Which is what Doocy wants to see happen because, dammit!  That's his employer!

“But I guess what good does it do if you’re gonna give police departments extra money if they arrest bad guys, and they bring ’em to jail, and then they’re not prosecuted? They’re just right back out on the streets,” complained Doocy – while being forced to admit that the Biden administration has worked to ensure police departments are being funded.

“I think Peter,” White House Press Secretary Jen Psaki replied, “what our focus is on is making sure that the local leaders, the police officers and departments who know what they need for these communities have the assistance and the funding they need and that’s what we’re working around the clock on.”

Still not satisfied, Doocy continued.

“We’ve seen an arsonist burn down a half a million dollar Christmas tree in New York City. Back out on the streets. Does the President think that that’s good governing?” he asked, as if President Biden is supposed to weigh in on the prosecutions of low-level criminals across the country.

That tree cost a half a million dollars?  Shit, Fox could have given that money to the poor and done something valuable with it, instead of being Ebenezer Scrooge complaining about the fact there aren't enough workhouses and courts working overtime to prosecute people who piss off FoxNews.

But yes, we have seen arson in New York City.  Who did it has yet to be decided as a matter of law.  If he is released after being found guilty of the crime because hey, ho, there you go!, or some other such foolish reason, Mr. Doocy and his employer have grounds to complain.  As would we all; but that's not what happened.

A man is accused of a crime.  That man made bail.  Mr. Doocy should be grateful because, one day, if he is accused of a crime, does he want to be "put back out on the streets," or kept in jail until his trial?

Three guesses, first two don't count.

1 comment:

  1. I think Colbert's prediction was that they'd keep that flame burning for 8 days might have been too modest. I wish someone would compare the time they're spending on this to how long they've spent on the burning of Black Churches.

    Was a federal law broken? I'd like to know which one.

    ReplyDelete